Honorable Boyce Holleman
No. 19800109
Mississippi Attorney General Opinions
January 9, 1980
Honorable Boyce Holleman
Legal Advisor
Board of Supervisors Harrison County
Harrison County Court House
Gulfport, Mississippi 39501 Dear Mr. Holleman:
Attorney General Summer has received your letter of request dated December 31, 1979, and has assigned it to me for research and reply.
You submit the following, to-wit:
As attorney for the Harrison County Board of Supervisors and at the request of that Board, I would like to propose to you the following legal questions and request your office grant to this Board a prompt opinion as to your opinion thereon.
A Petition has been presented by a group of proposed incorporators to the Harrison County Board of Supervisors under the provisions of House Bill No. 1584, Chapter 470 of the Laws of 1979, and the provisions of Section II of said Act are pertinent to the questions proposed hereunder. The Petition has been received by the Board and under motion to lay on the table pending receipt of an opinion from your office, is now pending business, that motion having carried.
For your information a copy of the Petition is attached hereto as Exhibit A and a copy of a letter under date of December 14, 1979 from Jim Wetzel, Tax Assessor of Harrison County, as Exhibit B, which letter has been filed by the Petitioners at the request of this Board and after certain protests were raised at the time of the presentation of the Petition.
The pertinent part of Section II involved in the questions submitted herewith are as follows:
Section II: Whenever the inhabitants . . . Said Petition shall meet the following requirements:
(e) It shall set forth the assessed valuation of the real property in such territory according to the latest available assessment thereof; . . . . (emphasis added)
The Petition attached as Exhibit A in Paragraph V, states as follows:
The estimated assessed valuation of the real property in the proposed city is $18, 000, 000.00. The letter attached as ExhibitB indicates that the assessed valuation of the real property, according to the latest available assessment, is approximately $8, 000, 000. The Petitioners admitted, and your may consider the letter to be correct for the prupose of our request of your opinion, that the assessed valuation of the real...
